Overstaying your visa in China is an administrative violation, not a crime: you will normally get a warning, and in serious cases a fine of 500 yuan for each day of unlawful stay (up to a total of 10,000 yuan) or 5 to 15 days of detention (Exit and Entry Administration Law, Article 78).
How is the overstay fine calculated?
The penalty counts every day you remain in China after your visa or residence permit expires. If a fine applies, it is 500 yuan per day of unlawful stay, capped at 10,000 yuan in total, so a longer overstay does not keep growing without limit. Cases treated as serious can instead bring 5 to 15 days of administrative detention. Overstaying is handled by the immigration police, and authorities often deal with the case when you check out of the country, so do not simply ignore an expired visa.
Can overstaying get you deported?
Yes, in more serious cases. Public security authorities may order you to leave China by a deadline, or may repatriate you (Article 62), and a repatriated foreigner is banned from re-entering for 1 to 5 years. Where the violation is serious enough for deportation, the re-entry ban can last up to 10 years (Article 81). Even a minor overstay record can make future Chinese visas much harder to obtain, so it is worth fixing the problem and paying any fine as soon as you discover it.
Related Reading
- Guides: China Criminal Law Guides
- How Long Can Police Hold You in China?
- Do Foreigners Have to Register with the Police in China?
Frequently asked questions
Q: How is the overstay fine calculated?
A: The penalty counts every day you remain in China after your visa or residence permit expires. If a fine applies, it is 500 yuan per day of unlawful stay, capped at 10,000 yuan in total, so a longer overstay does not keep growing without limit. Cases treated as serious can instead bring 5 to 15 days of administrative detention.
Q: Can overstaying get you deported?
A: Yes, in more serious cases. Public security authorities may order you to leave China by a deadline, or may repatriate you (Article 62), and a repatriated foreigner is banned from re-entering for 1 to 5 years. Where the violation is serious enough for deportation, the re-entry ban can last up to 10 years (Article 81).
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512